Herwitz had information that only a select few knew and used it to pad his own pockets, the Brooklyn U.S. Attorney’s Office announced yesterday.

Almost a week after first hearing the scuttlebutt about the self-proclaimed King of All Media’s move from the public airways, Herwitz couldn’t resist and plunked down $3.19 a share for 25,000 shares on Sept. 30, 2004.

Just one day later, the satellite radio company inked a $500 million, five-year deal with Stern – who announced his impending move on air on Oct. 6, 2004. The stock price soared that day to $4.29 per share.

In its lawsuit, the Securities and Exchange Commission estimated that Herwitz, 50, of Richmond Hill in Irvington, made a profit of roughly $19,000. But one source close to the criminal investigation says the amoral accountant sold the stock at various prices for a net gain of close to $70,000.

Stern bolted from Infinity Broadcasting on Friday. His new uncensored format will run on Sirius starting early next month.

Also named in the SEC suit was Tracey Stanyer, a Detroit-based vice president for Sirius who also tried to make a quick buck off the Stern announcement.

The complaint says he first heard about the secret talks in mid-September and purchased almost 30,000 shares in Sirius the day before Stern made his bombshell statement. He could not be reached for comment

Both Herwitz – who now faces 20 years behind bars and a $5 million fine – and Stanyer settled with the SEC yesterday, only hours after the suit was filed. Herwitz agreed to pay back $52,000, while Stanyer has to pony up just over $35,000.